A criminal defense strategy depends on your defense attorney as he finds out more about what the persecutor plans to do in your case. For instance, if the persecutor is to lay down a story that puts the defendant in the crime scene, your defense lawyer is likely to ask questions that births another story that puts you in another location.
Also, the manner through which the persecutor ask and answers question will change the defense strategy. An experienced defense attorney will help present a story based on truth, thereby showing the defendant in the best possible light.
The Truth
Both the persecutor and the defense lawyer can use both foundations of real events and still tell two completely different stories. Think of it as a map of the United States showing the borders and states in dark lines. Then think of another map of the United States, but this time around, it shows the average income of most homes. Although they are the same map, they are nothing alike.
For the defendant’s sake, the attorney must develop a compelling story for the defendant’s situation. The report should have some of the characteristics for the best possible outcome.
- The story has to be based on a truthful foundation of evidence.
- The story must be able to gain the sympathy of the judge or jury.
- The story must prove that the defendant’s account were actual events and not just cock and bull stories.
Creating A Criminal Defense Strategy
After the defendant has told their story to their criminal defense attorney, the duo will have to collaborate to develop a strategy that will work best. However, it isn’t as simple as just telling the truth. Many factors have to be considered, like weighing the witnesses’ credibility and finding out the reputation between the community and the police.
All these will make a “theory of the case” based on the defendant’s story and other provable facts. There are numerous ways a defense attorney can help the defendant win a case, and it is all about discovering the right loophole to exploit.
Denial Of A Legal Representative
When the defendant has been arrested and asked for a lawyer clearly without mincing words, law enforcement officers are bound to not continue with the questioning. A defendant has the right to legal counsel.
Suppose there was ever an issue granting the defendant access to legal counsel, which could be a loophole that can be used to the defendant’s advantage. If he had made any confession and make some incriminating comments, it will be dismissed in court on the ground that such comment or confession was made under duress.
In a case where the entire arrest is based on an anonymous report, it might not be sufficient enough for a law enforcement agency to make a stop.
Conclusion
If involved in any criminal case, the best you can do is hire an experienced criminal defense attorney who knows his way around such cases. With the right legal counsel, you will have a better chance of winning the case.
Contact Franks & Rechenberg. P.C. Attorneys at Law to help with your case.